An advertisement for Vimal Elaichi featuring Shah Rukh Khan, Ajay Devgn and Tiger Shroff has triggered a regulatory debate in Maharashtra, with the state Food and Drug Administration questioning whether the campaign indirectly promotes pan masala.
The notices, issued by Maharashtra FDA Commissioner Tukaram Mundhe, relate to a 2024 advertisement in which the three actors promoted Vimal Elaichi. The product is marketed as a cardamom-based mouth freshener, but the FDA has raised concerns over its branding and its association with the wider Vimal pan masala brand.
Surrogate Advertising Concerns
At the centre of the issue is the concept of surrogate advertising, where a brand promotes a legal product in a manner that could reinforce consumer recognition of a restricted product carrying the same brand identity.
According to a nine-page show-cause notice, the FDA believes that the use of the "VIMAL Elaichi" branding could create an association with Vimal Pan Masala. The notice states that the advertisement "may mislead consumers" and could indirectly promote the identity of a product that is prohibited in Maharashtra.
Legal Framework
Direct advertising of tobacco products is restricted under Indian law. Section 5 of the Cigarettes and Other Tobacco Products Act, 2003 prohibits advertisements of cigarettes and other tobacco products, including indirect forms of advertising.
The FDA has also referred to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, issued by the Central Consumer Protection Authority. The guidelines are intended to ensure that endorsements are not deceptive and that endorsers exercise due diligence before promoting products.
What the Notices Require
The FDA has directed the actors to discontinue their participation in the campaign and remove related promotional material from their official social media accounts. The actors have been asked to explain their position.
The FDA has sought information including copies of the actors' endorsement agreements, campaign briefs, payment arrangements and details of the due diligence undertaken before they participated in the campaign.
Potential Penalties
The notices cite penalties ranging from Rs 10 lakhs to Rs 50 lakhs, along with the possibility of restrictions on endorsing products for a period of up to three years. The eventual consequences depend on the actors' responses and the findings of the relevant authorities.
Broader Context
Maharashtra has a long history of regulatory action against gutka and pan masala containing prohibited ingredients. In 2012, the Bombay High Court dealt with challenges to the state's restrictions, ultimately declining to grant interim relief against the implementation of the Maharashtra Food Safety Commissioner's order.
Shah Rukh Khan, Ajay Devgn and Tiger Shroff now have an opportunity to respond to the notices. The regulator's action puts the spotlight on a recurring question in celebrity advertising: whether promoting an apparently separate product is permissible when the brand is strongly associated with a restricted product.